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We handle the complete process for your Trademark Opposition right here in New Delhi. Get certified quickly and legally with our expert local team.
Professional Fee: ₹5,799 | Govt Fee: ₹1,000 | Total: ₹6,799 (incl. govt fees)
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A simple, transparent process to get your business compliant.
Trademark opposition is a crucial, adversarial legal proceeding that occurs after a trademark is accepted by the Registry and published in the Trademark Journal. For four months post-publication, any third party can file a 'Notice of Opposition' to block the registration if they believe the new mark infringes upon their existing rights, lacks distinctiveness, or was filed in bad faith. Whether you need to offensively file an opposition to protect your established market share from a copycat, or defensively counter an opposition filed against your pending application, our elite team of IP litigators provides aggressive, strategic legal representation to secure victory.
Transparent, all-inclusive – no hidden line items.
Inclusive of professional + estimated govt fee
I-Pro specialist handling, drafting & filing
Statutory fee, passed through at cost
Professional Fee: ₹5,799 onwards | Govt Fee: ₹1,000 | Total: ₹6,799 (incl. govt fees)
The starting fee of ₹6,799 covers specialist consultation, document preparation, the government filing fee, and tracking until you receive the final certificate. Additional government fees may apply for objections, renewals, or expedited processing.
Typical turnaround at I-Pro Solutions is Filing in 7–10 business days; Registration takes 6–18 months, from the moment I-Pro Solutions receives all your documents and information. Complex cases or government delays can extend this; your specialist will flag any risks early.
Most filings require identity proof (PAN/Aadhaar/passport), address proof, business registration documents, and (for IP filings) examples of use. An I-Pro Solutions specialist will send a tailored checklist within 24 hours of starting.
If a filing is rejected due to an error by I-Pro Solutions, I-Pro Solutions will refile at no extra cost and refund the service fee. If the rejection is due to information you provided, I-Pro Solutions will work with you to fix and refile at a discounted fee.
An Objection is raised internally by the government Trademark Examiner during the initial review of your application. An Opposition is raised externally by a third party (like a competitor or another business) after the government has approved the mark and published it in the Journal.
Under Indian law, 'any person' can file an opposition. You do not need to have a registered trademark to oppose someone else. However, you must have solid legal grounds, such as prior usage, to successfully win the opposition.
Gather these documents for your New Delhi application.
You have exactly four months from the date the trademark is published in the weekly Trademark Journal. This deadline is absolute and cannot be extended under any circumstances.
The registration process halts. The Registry will send you a Notice of Opposition. You must hire an IP attorney immediately to draft and file a 'Counter-Statement' within two months to defend your application.
If you fail to file a Counter-Statement within two months, the law automatically deems your trademark application 'Abandoned'. You will lose your application, your fees, and potentially your rights to the brand name.
Trademark oppositions are full legal trials. Because of the various evidentiary stages (Rules 45, 46, 47) and the backlog at the Registry, an opposition can easily take anywhere from 2 to 5 years to reach a final hearing and judgment.
Generally, yes, unless the opposing party has separately filed a civil lawsuit in a High Court and obtained an 'injunction' (a stay order) against your business. However, using the mark is at your own risk until the opposition is resolved.
It is a sworn affidavit filed by the opponent, backed by heavy documentation (invoices, ads, domain registrations), to legally prove their claims, such as showing they have been using their brand since 2010 to block an application filed in 2020.
It is the defensive affidavit filed by the applicant. It provides proof that they adopted the mark honestly, have built their own distinct customer base, and that no actual market confusion is occurring.
Yes, and it is highly recommended when possible. Parties can negotiate a 'Coexistence Agreement' or limit the goods/services to avoid overlap. If settled, the opposition can be withdrawn, saving years of litigation costs.
The hearing is conducted by a Hearing Officer from the Trademark Registry, acting in a quasi-judicial capacity. Both sides' attorneys will present oral arguments based on the filed evidence.
Yes. If the Registrar issues an order against you, you can file an appeal before the High Court having jurisdiction, but this must be done within a specific timeframe (usually 3 months) and is a more complex judicial process.
No. I-Pro Solutions specialized IP litigators will appear on your behalf to present the oral arguments. You only need to provide the necessary instructions and approve the evidence beforehand.
It involves massive amounts of legal drafting. A single evidentiary affidavit can run into hundreds of pages. It requires extensive case law research, multiple filings over several years, and expert trial advocacy.
You must actively monitor the Trademark Journal published every Monday. I-Pro Solutions offer professional 'Trademark Watch Services' where I-Pro Solutions software and attorneys scan thousands of applications weekly to alert you of potential infringers before the 4-month window closes.